Legal Provisions of Section 428 of Indian Penal Code, 1860.
Mischief by killing or maiming animal of the value of ten rupees:
Mischief by killing or maiming etc. of animal worth ten rupees or more has been made punishable under this section. The section states that whoever commits mischief either by killing, poisoning, maiming or rendering useless any animal or animals worth ten rupees or upwards, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.
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The word ‘maiming’ means some kind of a permanent injury which causes privation of the use of a limb or a member of the body. Similarly, the expression ‘rendering useless’ implies that the animal is no more of use at all for the work in which it was being used. The amount of ten rupees is too meagre an amount these days. This in effect means that in a very large number of cases of mischief by killing, poisoning, maiming or rendering useless animals would fall under this section, but this is subject to what has been stated in section 429 of the Code.
The offence under section 428 is non-cognizable, bailable and compoundable by the owner of the animal when permitted by the court trying the case, and is triable by any magistrate.